The drafting in of the Chief Judge of Bayelsa state by the Attorney General of the Federation to swear in Chief Bar Nyesom Ezebunwo Wike in the face of a possible constitutional crisis arising from the absence of Chief Judge does not seem to have doused the tensions and controversies that have characterized the political land scape of Rivers state. The decision has again sparked heated debates between sympathetics on both side of the political divide. We have taken time to hunt some of the top debaters on social media and we present to you their learned and the not too learned perspective. You can add your own voice.
Irimiagha Paul Gibson Snr
Now that the Attorney General of the Federation have sent the CJ of Bayelsa to swear In Wike I guise all the Facebook Lawyers will let my battery rest
Does the AGF have the power to appoint a Judge to swear in Wike in Rivers?
It’s in line with the constitution. Here is what the constitution stipulates in the event of this scenario :
The constitution provides that “the Oath of Allegiance and the Oath of Office shall be administered by the Chief Judge of the state or Grand Khadi of the Sharia Court of Appeal of the state, if any, or President of the Customary Court of Appeal of the state, if any, or the person for the time being respectively appointed to exercise the functions of any of those offices in any state.”
They vowed Wike won’t be sworn in…..
Rivers crisis: AGF drafts Bayelsa Chief Judge to swear-in Wike
Enize Ogio, kindly under score the word “respectively” in Section 185(1) and (2). It presurposes the same standard and quality of the officer administring the oath as though such an officer is the holder of any of the three offices (CJ,GK,PCCA). The process of the appointment of such as Oaths Administrator cannot be any lower, not different from that of any of the three officers.It is not an action to be carried out by the Federal Attorney – General or any other person(s), save as stipulated in Section 271.
What happens when a state has no CJ or PCA to swear in an elected Gov. Mischief will surely be occasioned . It is to prevent the mischief that the Draftsman introduced the phrase ANY STATE .( Pls note: not THE STATE but ANY STATE) .Otherwise there is no need for it. ANY STATE in the context of Section 185(2) means any state in the Federation. To rely on your interpretation of ANY STATE to mean the state is to do the mischief the Draftsman sought to avoid. Section 271 has no bearing because the task to be performed for want of a better word is ad hoc . If we employ any other rule of interpretation of statute we do harm to the polity, if we employ the mischief rule, we save the polity
No worries both the incoming governor and the cj shall vamoose” soon. You can not put illegality over legality and expect it to hold Never.
Nneka Wai Ogusu
Finally, Rivers state have been ceded to Bayelsa as the CJ of Bayelsa prepares to swear in a Governor in the Rivers annex of Bayelsa state. This is coming few years after the Soku Oil wells in Rivers state was ceded to Bayelsa, and few weeks after the Bayelsa born GESILA KHAN in conjunction with her brother, President Goodluck Jonathan gave Rivers state a Governor. Now the Chief Judge Bayelsa will see to the completion of the ceding via swearing in the man to Govern Rivers zone.
The AGF, Mohammed Adoke orders Chief Judge of Bayelsa State to go to Rivers State on May 29 and swear in Nyesom Wike as Governor of Rivers State .
I don’t want to believe that this man brushed his teeth and rinsed his mouth with “brukutu”, “kai kai” or “alamo bitters” before he said what he said? If a carpenter or a bus conductor said this, one would have understood.
Where in the constitution did the AGF derive such power. It is only a drunk Motor Park Judge that will sheepishly obey the AGF’s order. Time is ticking.
Nothing we no go see for Nigeria.
Tamuno Roberts Jnr
That provision of the constitution has said it all,any of the state and bayelsa is the closest to rivers state,so the Chief judge of bayelsa can administer the oath of office to the governor Elect Chief Barr Nyesom Wike.the working document which is the constitution has spelled it out, I don’t see any reason why some persons will come up here to say things that d constitution didn’t say,ls this the change we are talking about? To interpret the constitution to the favor of APC. God is watching…
Is the Bayelsa CJ under the office of the Justice Minister or
is he under the Judicial Service
Commission headed by the CJN?
Chinedu Golden Anyanwu
all of you who are against the BY state CJ swearing in Wike, What do you hope to see? you want ameachi to leave office without a governor? or to continue when his tenure expires? abeg let Wike enter first to avoid vacuum, if una wan remove una remove am. the matter don do